Denver Appeals Attorney and Courtroom Lawyer
Whether your custody battle ended poorly or you were found guilty of a crime you didn’t commit, sometimes verdicts can be disheartening. However, a judge’s decision doesn’t always have to be final. If you disagree with your case’s verdict or believe it is unreasonable, Colorado may allow you to appeal it. To find out if you’re able to appeal your current case in Denver, bring your situation to one of our experienced Denver appeal lawyers immediately.
A Skilled Team of Appellate Court Lawyers
While appealing any kind of case may seem intimidating, you have a much stronger chance of being successful when you have the right kind of help. At Woody Law Firm, LLC, our team is composed of multiple renowned attorneys who share decades of civil law and criminal defense experience. We have worked through countless appellate cases and leveraged our skills to fight for fair verdicts. Do not hesitate to ask for assistance to work through an appeal in Denver today.
An appeal is simply a request for a higher judicial power to review your case. However, an individual cannot simply appeal a verdict just because they don’t like it. Local, state, and federal legal systems allow individuals to appeal their cases only under qualifying circumstances. Both civil and criminal cases can be appealed, but both types of cases require strong evidence to demonstrate why a judge should review them.
The appellate process is much different than your average hearing or criminal trial. For example, in any civil or criminal case, both parties will have the chance to present evidence and participate in litigation. In the appellate court, no new evidence can be presented. Instead, there will be a panel of judges who review the evidence that was previously used. If they agree that the previous verdict was unfair, they may overturn it and make a new decision.
When Do You Qualify to Appeal Your Case?
Whether you are able to appeal a case in Denver will depend on multiple factors, including whether your case is criminal, if you have valid reasoning for the appeal, and if you have appealed the verdict previously. If you can identify one or more of the following grounds, you may be able to appeal your case:
For Criminal Appeals:
- Evidence did not prove you were guilty beyond a reasonable doubt.
- Prosecutor misconduct occurred (i.e., withholding evidence, presenting evidence obtained illegally, or making false statements).
- Juror misconduct occurred.
- Incorrect instructions were given to the jury.
- The judge abused their legally granted discretion with their final decision.
- The defendant had ineffective counsel.
- The law was applied incorrectly (error of the law).
- The judge sentenced the defendant against state mandates (sentencing error).
For Civil Appeals:
- Procedural errors occurred during a trial (i.e., withholding evidence).
- Evidence was ignored or misunderstood.
- The judge abused their legally granted discretion with their final decision.
- The final verdict violates one party’s rights.
- The final verdict was not made with a child’s best interests in mind.
- The final verdict is unfair, considering the evidence that was presented.
What Is the Difference Between a Criminal and a Civil Case?
The main difference between criminal and civil cases is that criminal cases deal with violations of state and federal law, while civil cases usually involve disputes between multiple people or groups. For example, civil cases may involve family law or personal injuries, whereas criminal cases may involve theft or fraud. Before you appeal your case, it’s crucial that you understand what kind of case you’re dealing with and which court you have to appeal to.
How Do You Appeal a Verdict in Denver?
If you’re looking to appeal a verdict made in Denver, you can generally follow these steps:
- Find a lawyer to guide you. Do not file an appellate request without consulting a knowledgeable attorney first. Working with an appeals lawyer can help you build the strongest argument possible while ensuring that you follow the complex rules of the process. If you’re unsure whether you have substantial grounds to file an appeal, feel free to consult our courtroom attorneys.
- File your official notice of appeal. After finding a lawyer who can guide you through the appellate process, you can work together to file your official appeal notice. Your attorney can help ensure you file with the correct judicial authority and include all required information. For most appeals, you’ll need to detail who you are appealing to, who is involved in your case, and your reason for appealing.
- Designate evidence. Once you’ve filed your official notice, you’ll need to identify the evidence you want used in your appeal. To do this, you need to designate any documents and records that you want to be reviewed and have them certified.
- Write out your argument. When you are the appellant, meaning the person who applied for the appeal, you will be required to write two different arguments. The first will be your opening argument, which details your situation, the verdict, and why it should be overturned. The appellee, who is the person responding to the appeal, will then answer. Your second written argument will then be a reply to that answer, and everything will be sent to a panel of judges for review.
- Wait for a final decision. It can take anywhere from a few weeks to multiple months for a final decision to be made on your appeal. On average, the general appellate case takes around three to four months to complete, but it can also be longer. If your panel of judges agrees to overturn your previous verdict, they will then form a new decision that takes that verdict’s place.
Where Do You File an Appeal in Denver, Colorado?
The appellate process varies depending on the type of case you have and the court in which your verdict was made. Because an appeal requests a higher authority to review your case, it’s important that you file your request with the proper judicial power. It’s also critical that you and your lawyer identify the deadline your specific case has for appeals.
The following are different courts and the higher power that you would appeal to:
- To appeal a decision made by a municipal court, you must file a notice with your local municipal court within 35 days of your previous verdict.
- County court appeals must be filed with your specific county court and then docketed with your district court. (Civil cases have 14 days, and criminal cases have 35 days.)
- District court appeals must be filed with the Colorado Court of Appeals within 49 days of the final verdict.
- To appeal a decision made by the Colorado Court of Appeals, you must petition the state Supreme Court within 42 days.
Potential Outcomes for Appeals in Denver
Judges can do a lot more than simply agree or disagree with an appeal. In fact, there are four main outcomes that may occur after you file for an appeal in Denver:
- The previous verdict is affirmed and remains in place.
- The previous verdict is overturned completely and replaced with a new decision.
- The previous verdict is modified but not fully overturned.
- Your case gets remanded and sent back to trial court again.
Can You Appeal a Verdict More than Once?
For most cases in the state, you can appeal a verdict only one time. However, the state occasionally allows a second appeal when there is blatant evidence showing issues with the first appeal. Each appeal that you make goes to a higher court. This means if you make a second appeal, your claim may go from a municipal court to a district court.
Why Do You Need an Appellate Lawyer in Denver?
Appealing a judge’s verdict is a complex process, especially if you have little to no legal experience. To ensure that you have the strongest chance of overturning your previous verdict, it’s essential to retain an appellate lawyer.
Because you generally get only one chance to appeal a verdict, it is imperative that you have a powerful claim. Appellate attorneys have immense experience building strong claims that help their clients get their cases approved for the appeals process. We can not only help you identify substantial grounds for your appeal, but we can also offer you legal advice and support throughout the process. If you’re going to appeal your case, make sure you have a lawyer.
Woody Law Firm, LLC: Denver Criminal and Civil Appeals Attorneys
Don’t let an unfair verdict change your life. Instead, fight for justice by retaining a lawyer and filing an appeal. By working with our team here at Woody Law Firm, LLC, you can trust that you’ll receive superior representation and support throughout the appellate process. We believe that everyone deserves a second chance and are willing to use our skills to help you get one. Whether it’s a criminal or civil case in Denver, you can count on our firm to advocate for you.
Contact Woody Law Firm, LLC, to find out if you’re able to appeal a verdict on a Denver legal case today.